Chapter 961

961.14(4)(xa) (xa) 5-iodo-2-aminoindane, commonly known as 5-IAI.

961.14(4)(xb) (xb) 4-methoxymethamphetamine, commonly known as PMMA.

961.14(5) (5) Depressants. Any material, compound, mixture or preparation which contains any quantity of any of the following substances having a depressant effect on the central nervous system, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:

961.14(5)(aa) (aa) Clonazolam (6-(2-chlorophenyl)-1-methyl-8-nitro-4 H -benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine).

961.14(5)(ab) (ab) Diclazepam (7-chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2 H -benzo[ e][1,4]diazepin-2-one).

961.14(5)(ac) (ac) Etizolam (4-(2-chlorophenyl)-2-ethyl-9-methyl-6 H -thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine).

961.14(5)(ad) (ad) Flualprazolam (8-chloro-6-(2-fluorophenyl)-1-methyl-4 H -benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine).

961.14(5)(ae) (ae) Flubromazolam (8-bromo-6-(2-fluorophenyl)-1-methly-4 H -benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine).

961.14(5)(ag) (ag) Gamma-hydroxybutyric acid (commonly known as gamma hydroxybutyrate or “GHB”), gamma-butyrolactone, and 1,4-butanediol.

961.14(5)(am) (am) Mecloqualone.

961.14(5)(b) (b) Methaqualone.

961.14(7) (7) Stimulants. Any material, compound, mixture or preparation which contains any quantity of any of the following substances having a stimulant effect on the central nervous system, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:

961.14(7)(ag) (ag) Cathinone.

961.14(7)(am) (am) Aminorex.

961.14(7)(b) (b) Fenethylline.

961.14(7)(c) (c) N-ethylamphetamine.

961.14(7)(cm) (cm) 4,4’-Dimethylaminorex.

961.14(7)(d) (d) 4-methylaminorex.

961.14(7)(e) (e) N,N-dimethylamphetamine.

961.14(7)(L) (L) Substituted cathinones. Any compound, except bupropion or compounds scheduled elsewhere in this chapter, that is structurally derived from 2-amino-propan-1-one by substitution at the 1-position with either phenyl, napthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways: by substitution in the ring system to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents; by substitution at the 3-position with an acyclic alkyl substituent; by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; by inclusion of the 2-amino nitrogen atom in a cyclic structure; or by any combination of these modifications. Substances specified under this subdivision include:

961.14(7)(L)1. 1. Methcathinone.

961.14(7)(L)2. 2. Methylenedioxypyrovalerone, commonly known as MDPV.

961.14(7)(L)2m. 2m. 3-methylmethcathinone or 2-(methylamino)-1-(3-methylphenyl)propan-1-one, commonly known as 3-MMC.

961.14(7)(L)3. 3. 4-methylmethcathinone, commonly known as mephedrone or 4-MMC.

961.14(7)(L)4. 4. 4-methylethcathinone, commonly known as 4-MEC.

961.14(7)(L)5. 5. 4-methoxy-alpha-pyrrolidinopropiophenone, commonly known as MOPPP.

961.14(7)(L)6. 6. 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone, commonly known as MDPPP.

961.14(7)(L)7. 7. Alpha-pyrrolidinovalerophenone, commonly known as alpha-PVP.

961.14(7)(L)8. 8. 2-fluoromethcathinone, commonly known as 2-FMC.

961.14(7)(L)9. 9. 3-fluoromethcathinone, commonly known as 3-FMC.

961.14(7)(L)10. 10. 4-fluoromethcathinone, commonly known as 4-FMC or flephedrone.

961.14(7)(L)11. 11. 3,4-methylenedioxymethcathinone, commonly known as methylone or bk-MDMA.

961.14(7)(L)12. 12. Naphthylpyrovalerone, commonly known as naphyrone.

961.14(7)(L)13. 13. 4-methyl-alpha-pyrrolidinobutiophenone, commonly known as MPBP.

961.14(7)(L)14. 14. 4-methoxymethcathinone, commonly known as methedrone or bk-PMMA.

961.14(7)(L)15. 15. Ethcathinone.

961.14(7)(L)16. 16. 3,4-methylenedioxyethcathinone, commonly known as ethylone or bk-MDEA.

961.14(7)(L)17. 17. beta-Keto-N-methylbenzodioxolylbutanamine, commonly known as butylone or bk-MBDB.

961.14(7)(L)18. 18. N,N-dimethylcathinone, commonly known as metamfepramone.

961.14(7)(L)19. 19. Alpha-pyrrolidinopropiophenone, commonly known as alpha-PPP.

961.14(7)(L)20. 20. 3-methoxymethcathinone, commonly known as 3-MMC.

961.14(7)(L)21. 21. 4-ethylmethcathinone, commonly known as 4-EMC.

961.14(7)(L)22. 22. 3,4-dimethylmethcathinone, commonly known as 3,4-DMMC.

961.14(7)(L)23. 23. beta-Keto-N-methylbenzodioxolylpentanamine, commonly known as pentylone or bk-MBDP.

961.14(7)(L)24. 24. beta-Keto-ethylbenzodioxolylbutanamine, commonly known as eutylone or bk-EBDB.

961.14(7)(L)25. 25. 4-bromomethcathinone, commonly known as 4-BMC.

961.14(7)(L)26. 26. Alpha-methylamino-butyrophenone, commonly known as buphedrone or MABP.

961.14(7)(L)27. 27. 3,4-methylenedioxy-alpha-pyrrolidinobutiophenone, commonly known as MDPBP.

961.14(7)(L)28. 28. 4-methyl-alpha-pyrrolidinohexiophenone, commonly known as MPHP.

961.14(7)(L)29. 29. N,N-dimethyl-3,4-methylenedioxycathinone.

961.14(7)(L)30. 30. N,N-diethyl-3,4-methylenedioxycathinone.

961.14(7)(L)31. 31. Alpha-methylamino-valerophenone, commonly known as pentedrone.

961.14(7)(L)32. 32. 4-methyl-alpha-pyrrolidinopropiophenone, commonly known as 4-MePPP.

961.14(7)(L)33. 33. Alpha-pyrrolidinobutiophenone, commonly known as a-PBP.

961.14(7)(L)34. 34. N-Ethylpentylone, commonly known as ephylone.

961.14(7)(L)35. 35. N-Ethylhexedrone.

961.14(7)(L)36. 36. Alpha-pyrrolidinohexanophenone, commonly known as a-PHP.

961.14(7)(L)36m. 36m. 4-methyl-1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one, commonly known as alpha-PiHP.

961.14(7)(L)37. 37. 4-methyl-alpha-ethylainopentiophenone, commonly known as 4-MEAP.

961.14(7)(L)38. 38. 4’-methyl-alpha-pyrrolidinohexiophenone, commonly known as MPHP.

961.14(7)(L)39. 39. Alpha-pyrrolidinoheptaphenone, commonly known as PV8.

961.14(7)(L)40. 40. 4’-chloro-alpha-pyrrolidinovalerophenone, commonly known as 4-chloro-a-PVP.

961.14(7)(mk) (mk) Mitragynine.

961.14(7)(mL) (mL) 7-hydroxymitragynine.

961.14(7)(mm) (mm) 5,6-methylenedioxy-2-aminoindane, commonly known as MDAI.

961.14(7)(mn) (mn) Benzothiophenylcyclohexylpiperidine, commonly known as BTCP.

961.14(7)(p) (p) 4-methylthioamphetamine, commonly known as “4-MTA.”

961.14(7)(q) (q) N- benzylpiperazine, commonly known as “BZP.”

961.14(7)(r) (r) 7-[(10,11-dihydro-5H-dibenzo[a,d]cyclohepten-5-yl)amino]heptanoic acid, commonly known as Amineptine.

961.14(7)(s) (s) N-phenyl-N’-(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol-3-ium-5-yl)carbamimidate, commonly known as Mesocarb.

961.14(7)(t) (t) N-methyl-1-(thiophen-2-yl)propan-2-amine, commonly known as Methiopropamine.

961.14 History History: 1971 c. 219; 1981 c. 206; 1989 a. 121; 1993 a. 98, 118; 1995 a. 225; 1995 a. 448 ss. 157 to 165; Stats. 1995 s. 961.14; 1997 a. 220; 1999 a. 21; 2001 a. 16; 2005 a. 52; 2011 a. 31; 2013 a. 267, 351; 2017 a. 4, 60, 100; 2017 a. 364 s. 49; 2017 a. 365 s. 111; 2019 a. 68; 2021 a. 240 s. 30; ss. CSB 2.15, 2.16, 2.17, 2.18, 2.19, 2.20, 2.21, 2.22, 2.31, 2.32, 2.33, 2.34, 2.41, 2.42, 2.45, 2.46, 2.47, 2.49, 2.50, 2.51, 2.52, 2.53, 2.55, 2.56, 2.57, 2.59, 2.60, 2.61, 2.62, 2.63, 2.64, 2.66, 2.68, 2.70, 2.72, 2.75, 2.78, 2.81, 2.83, 2.90, 2.91, 2.94, 2.96, 2.97, 2.99, 2.001, 2.003, 2.005, 2.006, 2.007, 2.008, Wis. adm. code; s. 35.17 correction in (2) (nd) 11.

961.14 Note NOTE: See 1979-80 stats. and 1993-94 stats. for notes on actions by the Controlled Substances Board under s. 161.11 (1), 1993 stats.

961.14 Annotation A chemical test need not be specifically for marijuana in order to be probative beyond a reasonable doubt. State v. Wind, 60 Wis. 2d 267, 208 N.W.2d 357 (1973).

961.14 Annotation THC is properly classified as Schedule I substance. State v. Olson, 127 Wis. 2d 412, 380 N.W.2d 375 (Ct. App. 1985).

961.14 Annotation Stems and branches supporting marijuana leaves or buds are not “mature stalks” under s. 961.01 (14). State v. Martinez, 210 Wis. 2d 396, 563 N.W.2d 922 (Ct. App. 1997), 96-1899.

961.15 961.15 Schedule II tests.

961.15(1m) (1m) The controlled substances board shall add a substance to schedule II upon finding that:

961.15(1m)(a) (a) The substance has high potential for abuse;

961.15(1m)(b) (b) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and

961.15(1m)(c) (c) The abuse of the substance may lead to severe psychological or physical dependence.

961.15(2m) (2m) The controlled substances board may add a substance to schedule II without making the findings required under sub. (1m) if the substance is controlled under schedule II of 21 USC 812 (c) by a federal agency as the result of an international treaty, convention or protocol.

961.15 History History: 1971 c. 219; 1995 a. 448 ss. 166, 167, 472; Stats. 1995 s. 961.15.

961.16 961.16 Schedule II. Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in schedule II:

961.16(2) (2) Substances of plant origin. Any material, compound, mixture or preparation which contains any quantity of any of the following substances in any form, including a substance contained in a plant, obtained from a plant, chemically synthesized or obtained by a combination of extraction from a plant and chemical synthesis:

961.16(2)(a) (a) Opium and substances derived from opium, and any salt, compound, derivative or preparation of opium or substances derived from opium. Apomorphine, dextrorphan, nalbuphine, butorphanol, naldemedine, nalmefene, naloxegol, naloxone, 6-beta-naltrexol, and naltrexone and their respective salts and the isoquinoline alkaloids of opium and their respective salts are excluded from this paragraph. The following substances, and any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation, are included in this paragraph:

961.16(2)(a)1. 1. Opium, including raw opium, opium extracts, opium fluid extracts, powdered opium, granulated opium and tincture of opium.

961.16(2)(a)2. 2. Opium poppy and poppy straw.

961.16(2)(a)3. 3. Concentrate of poppy straw, which is the crude extract of poppy straw in either liquid, solid or powder form containing the phenanthrene alkaloids of the opium poppy.